Worldwide, legislation concerning the effect and validity of digital signatures includes:
Argentina
- Ley Nº 25.506 (B. A digital signature or digital signature scheme is a type of asymmetric cryptography used to simulate the security properties of a handwritten Signature O. 14/12/2001).
- Decreto Nº 2628/02 (B. O. 20/12/2002).
- Decreto N° 724/06 (B. O. 13/06/06).
Brazil
- Medida provisória 2.200-2 (Portuguese) - Brazilian law states that any digital document is valid for the law if it is certified by ICP-Brasil (the official Brazilian PKI) or if it is certified by other PKI and the concerned parties agree as to the validity of the document.
China
European Union and the European Economic Area
- European Union Directive establishing the framework for electronic signatures:
- Implementing laws: Several countries have already implemented the Directive 1999/93/EC. A CEN Workshop Agreement (commonly abbreviated CWA is a reference document from the European Committee for Standardization (CEN
- Austria
- Belgium
- Czech Republic
- Denmark
- England, Scotland and Wales
- Estonia
- Finland
- Germany
- Greece
- Ireland, Republic of
- Italy
- Lithuania
- Luxembourg
- Malta
- Norway
- Romania
- Slovenia
- Spain
- Sweden
India
Japan
Malaysia
New Zealand
For an overview of the New Zealand law refer: - The Laws of New Zealand, Electronic Transactions, paras 16-18; or - Commercial Law, paras 8A. 7. 1-8A. 7. 4. (these sources are available on the LexisNexis subscription-only website)
Peru
Russian Federation
Federal Law of Russian Federation about Electronic Digital Signature (10.01.2002)
South Africa
Switzerland
United Nations Commission on International Trade Law
United States
- Uniform Electronic Transactions Act (UETA)
- Electronic Signatures in Global and National Commerce Act (E-SIGN), at 15 U.S.C. 7001 et seq. The Uniform Electronic Transactions Act ( UETA) is one of the several United States Uniform Acts proposed by the National Conference The Electronic Signatures in Global and National Commerce Act ( ESIGN,,) is a United States federal law passed by the U The law permits the use of electronic signatures in many situations, and preempts many state laws that would otherwise limit the use of electronic signatures.
Uruguay
Uruguay laws include both, electronic and digital signatures:
Turkey
Turkey has an Electronic Signature Law [1] since 2004. "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " This law is stated in European Union Directive 1999/93/EC. Turkey has a Government Certificate Authority - Kamu SM for all government agents for their internal use and three independent certificate authorities all of which are issuing qualified digital signatures.
Turkey had a recent triumph in digital signatures and become the forerunner of mobile signature, that is, qualified signatures that are created using mobile phones. The leading GSM operator of Turkey, Turkcell, had developed the business model of this service for consumers first in the world.
Legal cases
Court decisions discussing the effect and validity of digital signatures or digital signature-related legislation:
- In re Piranha, Inc. , 2003 WL 21468504 (N. D. Tex) (UETA does not preclude a person from contesting that he executed, adopted, or authorized an electronic signature that is purportedly his). The Uniform Electronic Transactions Act ( UETA) is one of the several United States Uniform Acts proposed by the National Conference
- Cloud Corp. v. Hasbro, 314 F. 3d 289 (7th Cir. , 2002)[2] (E-SIGN does not apply retroactively to contracts formed before it took effect in 2000. The Electronic Signatures in Global and National Commerce Act ( ESIGN,,) is a United States federal law passed by the U 2000 ( MM) was a Leap year that started on Saturday of the Common Era, in accordance with the Gregorian calendar. Nevertheless, the statute of frauds was satisfied by the text of E-mail plus an (apparently) written notation. The statute of frauds refers to the requirement that certain kinds of Contracts be made in writing and signed )
- Sea-Land Service, Inc. v. Lozen International, 285 F. 3d 808 (9th Cir. , 2002) [3] (Internal corporate E-mail with signature block, forwarded to a third party by another employee, was admissible over hearsay objection as a party-admission, where the statement was apparently within the scope of the author's and forwarder's employment. )
Further reading
For books in English on electronic signatures, see:
- Stephen Mason, Electronic Signatures in Law (Tottel, second edition, 2007);
- Dennis Campbell, editor, E-Commerce and the Law of Digital Signatures (Oceana Publications, 2005);
- Lorna Brazell, Electronic Signatures Law and Regulation, (Sweet & Maxwell, 2004);
- M. H. M Schellenkens, Electronic Signatures Authentication Technology from a Legal Perspective, (TMC Asser Press, 2004).
For translations of electronic signature cases from Europe, Brazil, China and Colombia into English, see the Digital Evidence and Electronic Signature Law Review
© 2009 citizendia.org; parts available under the terms of GNU Free Documentation License, from http://en.wikipedia.org
network: | |